McMillan v. Meuser Material and Equipment Co.

541 S.W.2d 911 (1976)

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McMillan v. Meuser Material and Equipment Co.

Arkansas Supreme Court
541 S.W.2d 911 (1976)

SC

Facts

McMillan (defendant) contracted to buy a bulldozer from Meuser Material and Equipment Company (plaintiff) for $9,825. There was a miscommunication regarding the delivery date. McMillan believed the delivery date was December 21, 1973. Meuser believed the delivery date was January 1, 1974. On December 24, 1973, when delivery had not occurred, McMillan stopped payment on the check. On March 5, 1975, Meuser sold the bulldozer to a third party for $7,230. In the fourteen months between the alleged breach and Meuser’s resale of the bulldozer, there was a recession in the construction industry, and the bulldozer market declined. Meuser was aware of the decline and did not even attempt to resell the bulldozer until 1975. Meuser sued McMillan for breach of contract. The trial court awarded Meuser $2,595 in actual damages, and $105 in incidental damages to cover Meuser’s costs of servicing the bulldozer in the fourteen months after the breach. McMillan appealed.

Rule of Law

Issue

Holding and Reasoning (Holt, J.)

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